HomeMy WebLinkAbout06 ANNEXATION 155 07-03-95DATE:
NO. 6
7-3-95
I nter-Com'
JULY 3, 1995
TO:
FROM:
SUBJECT:
WILLIAM A. HUSTON, CITY MANAGER
COMMUNITY DEVELOPMENT DEPARTMENT
ANNEXATION 155 (13331 FOOTHILL BOULEVARD)
RECOMMENDATION
It is recommended that the City Council adopt Resolution No. 95-62
ordering the territory known as "Annexation No. 155 (13331 Foothill
Boulevard) to be annexed to the City of Tustin.
FISCAL IMPACT
Other than the cost of staff time to prepare the necessary follow-
up and a filing fee of $250, there are no additional costs
associated with this project. The filing fee will be paid by the
Water Division to the State Board of Equalization.
BACKGROUND/DISCUSSION
The City of Tustin Water Division has been working on plans to
improve and repair the existing Rawlings Reservoir located at 13333
Foothill Boulevard. The City acquired two parcels south of the
reservoir site in order to provide adequate land area for the
repair and maintenance of the facility. Although the reservoir.
site is surrounded by County unincorporated territory, the property
is located within Tustin City'boundaries. In order to streamline
the permit processing and to eliminate the need to deal with two
jurisdictions (the County of Orange and the City of Tustin) it is
recommended that the adjacent parcel (13331 Foothill Boulevard) be
annexed to the City of Tustin.
On August 1, 1994, the City Council of the City of Tustin
authorized the application for annexing the property located at
13331 Foothill Boulevard by adoption of Resolution No. 94-90
(Attachment A). Shortly thereafter, the Community Development
Department, transmitted the annexation proposal to the Local Agency
Formation Commission !(LAFCO) for their consideration.
On June 7, 1995, LAFCO apprOved the annexation subject to the terms
and conditions of LAFCO Resolution No. 95-06 which is attached to
this report for reference. The conditions require the city of
Tustin to pay all expenses associated with the annexation.
City Council Report
Annexation No. 155
July 3, 1995
Page 2
Since the annexation has been filed with 100% property owner
consent, a public hearing is not required to ratify the annexation.
CONCLUSION
With the consent of 100% of the property owners and the LAFCO
approval of the annexation on June 7, 1995, staff recommends that
the City Council adopt Resolution No. 95-62. If adopted, this
Resolution will be transmitted to LAFCO for submittal to the
Secretary of State. Acceptance of the Resolution by the Secretary
of State will then formalize the annexation.
Christ in~- A . t ~h~ang~get Or-n
Assistant Ci
SJP: CAS: br :Annex155. sp
Attachments:
A - Resolution No'. 94-90
LAFCO Resolution No. 95-06
Resolution 95-62
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RESOLUTION NO. 94-90
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF TUSTIN, CALIFORNIA, INITIATING APPLICATION
FOR THE UNINHABITED ANNEXATION OF TERRITORY
KNOWN AS ANNEXATION NO. 155 (13331 FOOTHILL
BOULEVARD)
Whereas, the City Council of the City of Tustin on its
own motion has initiated preliminary proceeding for the
annexation of certain uninhabited territory; and
Whereas, the City of Tustin Water Division has a water
reservoir located at 13333 Foothill Boulevard, adjacent
to the subject property, and intends to repair and
maintain the facility in order to better serve the
customers; and
Whereas, in order to simplify and streamline the design
and permitting process, it would be of significant
benefit for both 13331 and 13333 Foothill Boulevard to be
located within the same jurisdiction; and
Whereas, the City Council has determined that the
proposed annexation of a small parcel of land is for the
repair and maintenance of an existing public facility and
therefore qualifies as a Categorical Exemption (Class 19)
from the requirements of the California Environmeqtal
Quality Act.
Now therefore be it resolved by the City Council of the
City of Tustin California that:
le
The proposal for Annexation No. 155 to the City of
Tustin is made pursuant to Part 3, Chapters 1 and 4
of the Cortese-Knox Local Government Reorganization
Act of 1985.
·
The proposed change of organization consists'of the
annexation of approximately .65 acres of
uninhabited territory as shown on Exhibit A, is
surrounded by unincorporated territory of the
County of Orange to the west, south and east and is
bordered by incorporated limits of the City of
Tustin on the north.
·
The subject property is located on the north side
of Foothill Boulevard at 13331 Foothill Boulevard.
·
The proposed annexation is made for the purpose of
increasing the economy and efficiency of government
services.
ATTACHMENT A
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Resolution No. 94-90
Page 2
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The application for annexation is submitted by the
City Council of the City of Tustin.
·
The Local Agency Formation Commission is hereby
requested to undertake annexation proceedings
pursuant to Part 3, Section 56837 of the Cortese-
Knox Local Government Reorganization Act of 1985.
PASSED AND ADOPTED at a regular meeting of the Tustin
City Council, held on the 1st day of August, 1994.
City Clerk
$~LTARELLI
·
Mayor
STATE OF CALIFORNIA )
COUNTY OF ORANGE )
CITY OF TUSTIN )
ss
CERTIFICATION FOR RESOLUTION NO. 94-90
MARY E. WYNN, City Clerk and ex-officio Clerk of the City
Council of the City of Tustin, California, does hereby
certify that the whole number of the members of the City
Council of the City of Tustin is 5; that the above and
foregoing Resolution No. 94-90 was duly and regularly
introduced, passed, and adopted at a regular meeting of
the Tustin City Council, held on the 1st day of August,
1994.
COUNCILMEMBER AYES: Saltarelli, Ports, Doyle, Thomas, Worley
COUNCILMEMBER NOES: None
COUNCILMEMBER ABSTAINED: None
COUNCI LMEMBER: ABSENT: None /~
>~-City Clerk
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RESOLUTION OF THE LOCAL AGENCY FORMATION COMMISSION -i'-. ..
OF ORANGE COUNTY, CALIFORNIA
June 7, 1995
On motion of Commissioner Smith, duly seconded and carried, the following resolution was adopted:
WHEREAS, the proposed annexation designated as Rawlings Reservoir Annexation to City of Tustin
in the County of Orange was heretofore filed by Resolution No. 94-90 of the City Council of the City of
Tustin and accepted for filing on June 7, 1995, by the Executive Officer of this Local Agency Formation
Commission pursuant to Tire 5, Division 3, commencing with Section 56000 et seq of the Government Code;
and
WHF~REAS, the Executive Officer, pursuant to Government Code Section 56838 set. June 7, 1995
as the heating date of this proposal; and
WHEREAS, the Executive Officer, pursuant to Government Code Section 56833 has reviewed this
proposal and prepared a report including her recommendation thereon, and has furnished a copy of this report
to each person entitled to a copy; and
WlqF~REAS, said proposal was accompanied by proof satisfactory to this Commission that all of the
owners of land within the territory proposed to be annexed have given their signed consent to such
annexation and determination; and
WHEREAS, this Commission on June 7, 1995, considered the proposal and the report of the
Executive Officer, and considered the factors determined by the Commission to be relevant to this proposal,
including, but not limited to, factors specified in Government Code Section 56841; and
WtqEREAS, this Commission has reviewed and considered the negative declaration issued by the City
of Tustin as lead agency on the project underlying the proposed annexation.
·
NOW, THEREFORE, the Local Agency Formation Commission of the County of Orange DOES
HEREBY RESOLVE, DETERMINE and ORDER as follows:
Section 1. / Subject to the terms and conditions hereinafter specified, said proposal is approved.
Section 2. The boundaries of the territory proposed to be annexed to the City of Tustin are
specifically described in the legal description.attached hereto and by this reference
made a part hereof. Said territory is found to be uninhabited and is assigned the
following distinctive short-form designation: RAWLINGS RESERVOIR.
ANNEXATION TO CITY OF TUSTIN.
Section 3. The City of Tustin is designated as the conducting authority and the legislative body
Resolution No.. 95-6 1
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thereof and is hereby directed to initiate annexation proceedings in compliance wit
.this resolution.
Section 4. The conducting authority is authorized to annex said territory without notice and
hearing and'without an election, pursuant to Section 56837 of the Government Code.
Section 5. The City of Tustin shall be liable and pay the applicable State Board of Equalization
filing and processing fee prior to the issuance of the final statement of boundary
change by the Executive Officer of the Local Agency Formation Commission.
Section 6. The Executive Officer is hereby authorized and directed to mail certified copies of this
resolution as provided in Section 56853 of the Government Code.
AYES: COMMISSIONERS CHARLES V. SNUTH, RANDAL J. BRESSETTE, DAVID
BORAN, JAMES W. SILVA, JOHN WI22-i]ERS AND WILLIAM G.
STEINER
NOES: COMMISSIONERS NONE
ABSENT: COMMISSIONERS ROBERT HUNTLEY
STATE OF CALIFORNIA )
SS
COUNTY OF ORANGE )
I, SARA F. ANDERSON, Executive Officer of the Local Agency Formation Commission of Orange
County, California, hereby certify that the above and foregoing resolution was duly and regularly adopted
by said Commission at a regular meeting thereof, held on the 7th day of June, 1995.
IN WITNESS WHEREOF, I have hereunto set my hand this 7th day of June, 1995.
SARA F. ANDERSON
Executive Officer of the
Local Agency Formation Commission
By:
Resolution No. 95-6 2
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BLOCK
5853
MODULE
60
EXHIBIT "A"
Legal Description for the
RAWLINGS ANNEXATION NO. 155
to the City of Tustin, California
That portion of Lots 30 and 31 of the E1 Modena Citrus Lands,
in the unincorporated territory, County of Orange, State of
California, as shown on a map recorded in Book 6, Page 32 of
Miscellaneous Maps, records of said Orange County, described as
follows:
Beginning at the point of intersection of the centerlines of
Foothill Boulevard and Newport Avenue as shown on a map of
.
Tract. No. 5745, recorded in Book 249, Pages 7 and 8 o'f
Miscellaneous Maps, records of said Orange County;
Thence, N.40"12'00"W., along said centerline of Foothill
Boulevard, a distance of 570.84 feet to the beginning of a
tangent curve, 'concave Southwesterly and having a radius of
1000.00 feet;
Thence, Northwesterly continuing along said centerline of Foot-
hill Boulevard, along the arc of said curve through a central
a~gle of 12"02'03", an arc distance of 210.04 feet to the West-
erly corner of said Tract No. 5745;
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EXHIBIT "A"
_egal Description for the
RAWLINGS ANNEXATION NO. %55
to the City of Tustin, California
Thence,. leaving said centerline of Foothill Boulevard
N. 35"18'03"E. , along the Northwesterly boundary of said. Tract
No. 5745, a distance of 196.83 feet to-angle point in the
existing City of Tustin boundary, said angle point being the
Southerly corner of the Tustin Water Utility Annexation No. 131
Parcel "E" - Rawlings Reservoir and also being the Easterly
cor~er of Parcel 1 as described in a deed recorded as Document
No. 94-0220051 of official records of said Orange County, said
corner also being the True Point .O.f Beginning;
Thence, leaving said Northwesterly boundary of Tract No. 5745,
along the Southwesterly boundary of the previously mentioned
annexation and the Northeasterly line of Parcel 1 and 3 of the
previously mentioned deed, N 54°41'52"W. .
. , a distance of 200 00
:
feet to the Westerly corner of said annexation and the
Northerly corner of said Parcel 3;
Thence, leaving the existing City of Tustin boundary,
S 35°18'03,'W along the Northwesterly line of said Parcel 3'
a distance of 149.44 feet to the Westerly corner of said Parcel
3;
Thence, S76°32'57"E., along the Southwesterly line of said
Parcel 3, a distance of 40.68 feet to an angle point;
Page 2 of 3
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EXHIBIT "A"
Legal Description for the
RAWLINGS ANNEXATION NO. 155
to the city of Tustin, California
:
Thence, continuing along said Southwesterly line of Parcel 3
and the Southwesterly line of Parcel 1, S.49°27'57" E. a dist-
ance of 162.92 feet to the Southerly corner of said Parcel 1;
Thence, N.35*lS'03"E., along the Southeasterly line of said
Parcel 1, a distance of 149.16 feet to the True Point of
BeGinning.
Attached s~d made a part of is a map designated as Exhibit "B".
This proposal does meet the approval of
the ORANGE COUNTY SURVEYOR'S OFFICE.
John Canas, County Surveyor
Dated this '~0'~-''~ day .of [,-~o~0~_.~ 1994
By: Michael B. Emmons, P.L.S. 5899
Deputy County Surveyor
My license expires 12/31/96
Pag. e 3 of 3
~ eo , AXHIBIT 'B'
This proposal does meet the approval of
the ORANGE COUNTY SURVEYOR'S OFFICE.
John Canas, County Surveyor
Dated this ~0~ day of P~4~6~
By: Michael B. Emmons, P.L.S. 5899
Deputy County Surveyor
My license expires 12/31/96
1994
~T IO00. OO' !'
,o5.4,' F ...... . ~ '~('
L = 210.04' / ............... 'X,
..:-.,,, '\ · "'k
, ....
"' /
~AWLINGS ANNEXATION NO. 155 'X ' ~,
---' ...............
PASSED AND ADOPTED BY RES. NO. DATED
PREPPED BY ~ C~ ~ TUS~ ~EE~ D~
~ CENtrAL WAY, ~ C~ 92680
(TN) 573-3~ //~
C~ACT, ~Y O~ES~
LEGEND AREA
EXISTING CI~ OF TUSTIN BOUNDARY
ANNE~ON BOUNDARY
28,35117 SO. FT.
0.65 AC,
0.0010 SO. Mi.
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: .... ,*~,-', ' ':t'V,. '., "~..o~
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. ~ k~ ~ :-- , BOUNDARY PER .'" .~ ." ~ "
.n~FOU~' m/~ ,./ TUSTIN WATER UTILITY .'" ~.~ , // /.
_ tX~U~ ~ ~{ .~. ANNEXATION NO. 13t." ' -" ~ - .~-
· ~ o~ / .... ,, ~,. ~ ~ .." ~'..,,~-~
~:~ /' ." RAWLIHGS RESERVOIR". .-' %/",~
- .~ · . . ~'
N'[LY COE. PAR. 5 .......... ~'~'~." N'ELY LINE "~ ~ -,'~'~ ''~ /'' /
~"~u~'~'6~T ..... ~ / ~ ~ b'~"~¥:o~'~uo~'i"; ~'.'"
H'WLY LINE PAR. 5 ~// ,,~ ,~gOo .." '.:' T~i~i"~6:'~)]~ /'O ./
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"~...." '~~ i~'/ :~%%L~ ~.~. "'-, ./ -' -" ,' ~ ,.
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SW'LY LINE PAR. 1 & ~ ~ .-"" ..," / I ~ '~ ,.' / /
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N37'45'57"/ ~AD~," .' 'N ........ %*~ ........... ~ '-
ENVIRONMENTAL MANAGEMENT AGENCY
PUBLIC WORKS -- SURVEYOR DIVISION
MAPPING SERVICES AND APPLICATIONS
A
FOOTHILL
DODGE
FOOTHILL
HIGH SCHOOL
AVE.
SCALE I"= 400'
EXHIBIT "B"
R~WLINOS~NNEX~TION
TO
C I. TY OF TUSTTN
NO.,
155
1 RESOLUTION NO. 95-62
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A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF TUSTIN, CALIFORNIA, ORDERING TERRITORY
DESIGNATED AS ANNEXATION NO. 155 TO THE CITY
OF TUSTIN (13331 FOOTHILL BOULEVARD) TO BE
ANNEXED TO THE CITY OF TUSTIN.
WHEREAS, the Local Agency Formation Commission of the
County of Orange adopted its Resolution No. 95-6, a copy
of which is attached hereto, on June 7, 1995, making
determinations and approving the proposed annexation to
the City of Tustin of the territory designated as
Annexation No. 155 to the City of Tustin, described and
shown in Exhibit A attached to said resolution and
incorporated herein by reference; and
WHEREAS, the terms and conditions of annexation as
approved by the Local Agency Formation Commission are as
follows:
I .
LAFCO has found that said territory includes 0.65
acres, is found to be uninhabited and is assigned
the following distinctive short-form designation:
Rawlings Reservoir Annex to the City of Tustin.
.
The City of Tustin is designated as the conducting
authority and the legislative body thereof is
directed to initiate annexation proceedings in
compliance with said resolution. The City Council
of the City of Tustin is authorized to annex said
territory without notice and.hearing and without an
election pursuant to Government Code Section 56837.
o
The City of Tustin, as property owner, shall be
liable for and pay all proper expenses incurred in
conducting proceedings in compliance with the
resolution.
WHEREAS, the reasons for this annexation are: to
incorporate this site into the existing Rawlings.
Reservoir water facility, to streamline the design and
permitting process, and to eliminate the need to deal
with two jurisdictions.
WHEREAS, the regular county assessment roll is utilized
by the City of Tustin; and
WHEREAS, the affected territory will not be taxed for
existing general bonded indebtedness of the City; and
WHEREAS, the Local Agency Formation Commission has
authorized the City Council to approve this annexation
without notice and hearing and without an election; and
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Resolution 95-62
Page 2
WHEREAS, this annexation is conducted pursuant to Part 3
of Title 5, Division 3, commencing with Section 56,000-et
seq.
NOW, THEREFORE, BE IT RESOLVED that the City Council of
the City of Tustin hereby orders the territory described
in Exhibit A to be annexed to the City of Tustin, and
directs the City Clerk of the City of Tustin to transmit
a certified copy of this resolution with applicable fees
required by Section 54902.5 of the Government Code to the
Executive Officer of the Local Agency Formation
Commission of Orange County.
PASSED AND ADOPTED by the City Council of the City of
Tustin on this 3rd day of July, 1995.
JIM POTTS
Mayor
MARY E. WYNN
City Clerk .
STATE OF CALIFORNIA )
COUNTY OF ORANGE )
CITY OF TUSTIN )
SS
CERTIFICATION FOR RESOLUTION NO. 95-62
MARY E. WYNN, City Clerk and ex-officio Clerk of the City
Council of the City of Tustin, California, does hereby
certify that the whole number of the members of the City
Council of the City of Tustin is 5; that the above and
foregoing Resolution No. 95-62 was duly and regularly
introduced, passed, and adopted at a regular meeting of
the Tustin City Council, held on the 3rd day of July,
1995.
COUNCILMEMBER AYES:
COUNCILMEMBER NOES:
COUNCILMEMBER ABSTAINED:
COUNCILMEMBER:ABSENT:
MARY E. WYNN
City Clerk
EXHIBIT A
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LEGEND
_
EXISTING crf'Y OF TUSTIN BOUNDARY
ANNEXATION BOUNDARY
AREA
28.351.17 SO. FT.
0.65 AC.
0.0010 SO. MI.